Developing a framework to apply total quality management concepts to land administration the case of islamic republic of pakistan

Developing a Framework to Apply Total Quality Management Concepts to Land Administration The case of Islamic Republic of Pakistan Zahir Ali... Due to the distinct nature of the geograph

Developing a Framework to Apply Total Quality Management Concepts to Land Administration

(The case of Islamic Republic of Pakistan)

Zahir Ali

QUALITY MANAGEMENT CONCEPTS TO LAND

ADMINISTRATION

(The case of Islamic Republic of Pakistan)

Zahir Ali

Examining committee:

Prof.dr.ir M.F.A.M van Maarseveen University of Twente

Sweden

ITC dissertation number 232

ITC, P.O Box 6, 7500 AA Enschede, The Netherlands

ISBN 978-90-6164-360-9

Cover designed by Job Duim

Printed by ITC Printing Department

Copyright © 2013 by Zahir Ali

QUALITY MANAGEMENT CONCEPTS TO LAND

ADMINISTRATION

(The case of Islamic Republic of Pakistan)

DISSERTATION

to obtain the degree of doctor at the University of Twente,

on the authority of the rector magnificus,

in Karnal Sher Killi, Khyber Pakhtunkhwa, Pakistan

This thesis is approved by

Prof.mr.dr.ir J.A Zevenbergen, promoter

Dr A Tuladhar, assistant promoter

Dedicated to my Parents, Aunt and my Wife

All thanks to almighty Allah who gave me the courage to complete this task successfully Many people and things came into my mind when I started to write this acknowledgement They helped me a lot in all kinds of troubles through the hard times especially in shaping my beautiful life

The first and most one I would like to thank my promotor Prof Jaap Zevenbergen and assistant promotor Arbind Tuladhar I also wish to gratefully acknowledge Prof Paul van der Molen for his dedicative and enthusiastic revision to my research proposal I always enjoyed your guidance in the field of cadastre and land administration Your gentle working style has positively influenced my growth and research skills unambiguously Thanks for introducing me to the field of cadastre and land administration, inspiring me to challenge the new research topic, always quickly responding

to my queries, and contributing constructive comments to every publication

I appreciate your encouragements during my PhD studies whenever I feel losing my temperament I always remember your warm and comfort words when I came across hard times in my PhD studies It was indeed a great pleasure to meet you and good fortune to work with you

I would also like to thank my ex-boss Abdul Nasir (late) He was the person who motivated me for my PhD studies and also helped me in selecting my research topic His moral support and kind cooperation always encouraged

me to continue my studies abroad I always appreciate his friendly behaviour and support in all my problems that I faced in my official and personal life It was a great shock for me when he died in April 2010 during my studies May Allah bless him in hereafter and place his soul in heaven at the highest position (Amin) I would not have had a chance to study abroad and work on

my thesis without his support

I wish to express my gratitude for my senior officers Imran Iqbal (Member SAR), Javed Ali Querishi (DCM), and Shafiq Ahmed (DG) as well as my other office colleagues and working partners I also wish my other PhD colleagues especially Dr Arko Adjei who gave me full moral support during my studying period in ITC and I enjoyed every stimulating discussions with him about my research He is always very patient to me in person, but critical to my research and giving me constructive suggestions I wish you much success in your life and a bright future

Many thanks go to the people who provided valuable contributions to my research during my fieldwork studies I also thank my dearest friends Tayyeb Zaman (Advocate) and Mir Sardar Afridi for their kind co-operation in my fieldwork questionnaire preparation as well as interviewing the lawyer

community and real estate agents during the data collection in the field I also acknowledge Nouman Shah Jadoon (MBR), Kifayatullah Khan (DLR), Ajmal Bhatti (SO), Zarwali Khan (Patwari) and other stakeholders interviewed from the Board of Revenue for their guidance and assistance in the data collection

I would like to express my indebted appreciation to my best friends Mateeul Haq, Tariq Alam (Enschede), Dr Sajidullah Khan, Ali (Enschede), Siraj Munir,

Dr Said Rahman, Dr Jamal Gul, Dr Ihsanullah, Dr Mehmood Iqbal, and my brother-in-law Qasim Ali for their help and everlasting friendship I wish you all a bright and prosperous future I would like to thank the Pakistan Space & Upper Atmosphere Research Commission (SUPARCO), the International Institute for Geo-Information Science and Earth Observation (ITC), the Netherlands, the Higher Education Commission (HEC) of Pakistan and the Netherlands Organization for International Cooperation in Higher Education (NUFFIC) for providing me this research opportunity and funding assistance for carrying out this research work

Finally, I wish to express my deepest gratitude to my parents, my aunt (late), my brothers and sisters, and especially my wife for their moral and mental supports My heartfelt thanks are to my wife for her love and everything she did for me during my stay in Enschede I really thank for your cooperation during my research work and I wish you a healthy and happy life into a bright future

Acknowledgements i

List of figures vi

List of tables vii

Terminology and Definitions viii

Acronyms xv

Chapter 1 General Introduction 1

1.1 Introduction 2

1.2 Research Background and Problem Definition 3

1.3 Research Aims and Objectives 4

1.4 Research Questions 4

1.5 Research Framework 5

1.6 Thesis Structure 6

Chapter 2 Land Administration System and Quality Concepts 11

2.1 Introduction 12

2.2 Land Administration System 12

2.3 Functions & Components of Land Administration System 15

2.3.1 Functions of Land Administration System 16

2.3.2 Components of Land Administration System 16

2.4 Quality and Total Quality Management – Literature Review 19

2.5 Evaluating the Quality of Land Administration System 22

2.5.1 Assessing Land Administration Systems 22

2.5.2 Quality Improvement of Land Administration System 25

2.6 Land Administration Systems’ Aspects 26

2.6.1 Institutional Aspect 26

2.6.2 Technical Aspect 29

2.6.3 Land Administration Quality Elements 31

2.7 Summary 32

Chapter 3 Case Study Methodology and Research Design 33

3.1 Introduction 34

3.2 Case Study Methodology 34

3.2.1 Exploratory Case Study 35

3.2.2 Explanatory Case Study 35

3.2.3 Stages of a Case Study Methodology 36

3.3 Research Design 39

3.4 Research Strategies 41

3.4.1 Literature Review 41

3.4.2 Case Studies 42

3.4.3 Research Sample 45

3.5 Summary 46

Chapter 4 Exploratory Case Study in Pakistan 49

4.1 Introduction 50

4.2 Historical Background of Land Administration in Pakistan 50

iii

4.3 Land Ownership Patterns in Pakistan 51

4.3.1 Government Land 51

4.3.2 Private Land 52

4.3.3 Village Common Land 52

4.4 Land Administration System in Pakistan 53

4.4.1 Organisational Framework 54

4.4.2 Legislative Framework 56

4.4.3 Land Administration Processes 59

4.4.4 Maintenance of Land Records 60

4.5 Analysis of Institutional and Technical Aspects of LAS 63

4.5.1 Institutional Aspect Analysis 63

4.5.2 Technical Aspect Analysis 65

4.6 Important Elements of the Quality Assessment Framework 66

4.7 Summary 69

Chapter 5 Explanatory Case Study in Pakistan 71

5.1 Introduction 72

5.2 Framework and Indicators for Evaluating the Quality of LAS 72

5.2.1 Quality Indicators for Institutional Aspect’s Elements 73

5.2.2 Quality Indicators for Technical Aspect’s Elements 78

5.3 Assessing the Quality Situation of existing LAS 82

5.3.1 Quality Assessment of Institutional Aspect 82

5.3.2 Quality Assessment of Technical Aspect 90

5.4 Summary 97

Chapter 6 Finalising and Discussing Quality Assessment Framework 99

6.1 Introduction 100

6.2 Systematic use of Case Study Methodology 100

6.3 LAS Quality Assessment Framework 101

6.4 Indicators and Variables for LAS Quality Assessment 103

6.4.1 Synthesis of Institutional Aspect 104

6.4.2 Synthesis of Technical Aspect 107

6.5 Summary 110

Chapter 7 Designing Quality Improvement Guidelines 111

7.1 Introduction 112

7.2 LAS Quality Improvement Framework 112

7.3 Quality Improvement Guidelines on Quality Inspection (QI) 115

7.4 Quality Improvement Guidelines on Quality Control (QC) 116

7.5 Quality Improvement Guidelines on Quality Assurance (QA) 120

7.6 Summary 122

Chapter 8 Conclusions and Recommendations 123

8.1 Introduction 124

8.2 Research Findings and Analysis 124

8.3 Research Recommendations 126

8.3.1 Recommendation for Pakistan 126

8.3.2 Recommendation for Future Research 127

Summary 179

Samenvatting 183

Biography 187

Publications 187

ITC Dissertation List 189

v

List of figures (if applicable)

Figure 1.1: Framework representing the research steps and techniques 5

Figure 1.2: Schematic diagram of thesis structure 7

Figure 2.1: A global land administration perspective (Enemark, 2005) 13

Figure 2.2: Components of LAS (Kalantari, 2008) 17

Figure 2.3: Stages of TQM development (Oschman, 2004) 20

Figure 3.1: Top view of LAS prism 40

Figure 3.2: Methodological framework for using CSM 42

Figure 3.3: Location of fieldwork study areas 46

Figure 4.1: Administrative hierarchy of land administration in Pakistan 54

Figure 4.2: Organisational structure of BOR at Provincial level 55

Figure 4.3: Structure of Revenue Courts in Khyber Pakhtunkhwa 57

Figure 4.4: A sample cadastral map (Musavi) 61

Figure 5.1: Framework for assessing the quality of LAS 73

Figure 5.2: Land disputes trend in Swabi district 82

Figure 5.3: Fees and costs structure 84

Figure 5.4: Procedures in land dispute resolution 85

Figure 5.5: Record & process reliability 88

Figure 5.6: Geo-ICT adaption 91

Figure 5.7: Land record room at district level 92

Figure 5.8: Land information updation 94

Figure 5.9: An existing cadastral map 95

Figure 5.10: Record room for cadastral maps 96

Figure 5.11: Efficiency in services 97

Figure 6.1: LAS quality assessment framework 102

Figure 6.2: LAS aspects and distribution of their elements 103

Figure 7.1: LAS Quality Improvement Framework 114

Table 3.1: Fact sheet about Khyber Pakhtunkhwa 45

Table 5.1 : Indicators & variables for elements of institutional aspect 77

Table 5.2 : Indicators & variables for elements of technical aspect 81

Table 5.3: Access to formal credits 83

Table 5.4: Land disputes 86

Table 5.5: Stakeholders’ view on land LA processes 87

Table 5.6: Stakeholders’ view on registration & transfer processes 89

Table 5.7: Access to land data 90

Table 6.1: Quality situation of institutional aspect 104

Table 6.2: Quality situation of technical aspect 108

vii

Terminology and Definitions

Abadi Deh Site of a village where predominantly people live

Agricultural

Passbook

It is a document which confirms land ownership of the farmers and it is issued by the concerned official from revenue records of the Provincial/ District/City Governments

Bai Whenever a person sells his land either completely

or partially, to another person, this type of mutation

is known as ‘Bai’ or ‘Sale’ Information recorded in this case is Sale Deed No., date of Registry, and amount of Registration etc

Banjar Jadeed New fallow land which is not cultivated for

continuous four harvests though it was cultivated earlier

Banjar Qadeem Old fallow land which is continued to be uncultivated

for next four harvests

Barani Land which is dependent on rainfall

Chahi Nehri Irrigated partly from a well and partly from canal

Copy of Mutation

Order

Each ‘Patwari’ is provided with a register so that he can issue a furnish copy of ‘Mutation Order’ to the concerned parties

No of Roznamcha Waqiati, amount of Mortgage returned etc In case of Registry, the Deed No is also recorded in addition to the above information

ownership of a land It is not the title deed itself but rather than an evidence of title

Fard Taqseem Aab In areas where lands are irrigated by means of

‘Karez’ or other similar source, a statement of distribution of water ‘Fard Taqseem Aab’ is prepared which shows how water resources are distributed in the area

Fard Bach It contains the details of the demand of land

revenue and taxes thereon recoverable from each land owner in a village

Fard Badar This is a statement for the correction of clerical

mistakes made in copying the entries of ‘Register Haqdaran Zamin’ It consists of a foil and counter foil

Fard Malkiyat This document is a copy of a page of ‘Register

Haqdaran Zamin’

Field Book Mahaal It is a part of the ‘Record-of-Right’ and contains for

each ‘Khasra’, its length and breath, calculation of area, and classification of soil It is prepared at the time of ‘Settlement’ and consolidation of holdings Each entry in the book is to be signed by ‘Kanungo’

Gardawar ‘Kanungo’ or supervisor of ‘Patwaries’

Gardawari A process whereby it is determined who grows what

on a particular parcel of land

Ghair Mumkin A type of land on which existing arrangement are

difficult to move

Hiba (Gift) Whenever a part of complete land is gifted to some

person, the mutation is called ‘Hiba’ or ‘Gift’ The details of the person to whom land has been gifted are recorded

Index Survey/

Khasra Number

This form shows which Khasra (parcel) Number falls

in which ‘Khatuni Number’ in a revenue estate

Interrogatories During the mutation process if a ‘Patwari’ finds that

he needs to record the statement of another person, for the disposal of the case residing outside the

ix

Term Definition / Description

limits of the tehsil Then the ‘Patwari’ issues an interrogatory letters to the concerned person

Intiqal It is a mutation which is used to record transactions

of land This may include sale of land, gift of land, inheritance etc

Kanungo A ‘Kanungo’ is either a revenue officer or a junior

revenue officer A junior revenue officer is called

‘Gardawar’ A ‘Kanungo’ is in charge of one

‘Kanungo Circle’ He is responsible for overseeing the Patwari's land records and for crop and tenancy assessments The latter function is traditionally carried out by a ‘Gardawar’ but in practice, the two roles are carried out by one person He officially reports to ‘Naib-Tehsildar’

Kanungo Circle An area within a district allocated to be supervised

by a ‘Kanungo’ One ‘Kanungo Circle’ consists of

2-10 ‘Patwar Circles’

Karam It is the unit of length to measure land It varies

from tehsil to tehsil and district to district

Khasra Number It is a plot number given to a specific piece of land

in a village This land parcel ID is unique for each parcel in each particular estate One or more

‘Khasra’ form a ‘Khatuni’ The ‘Khasra Numbers’ in a village are created at the time of ‘Settlement’

Khatuni Number It refers to a set of cultivators ‘Khatuni Number’ is

given to the cultivators in the ‘Khewat’ and runs sequentially in the village starting from 1 to N Each

‘Khewat’ have at least one ‘Khatuni’ or more

‘Khatunies’ but appear in a sequence within the

‘Khewat’ and in the village One ‘Khatuni’ may contain more than one land parcels

Khewat Number A ‘Khewat Number’ is the account number given to

owner(s) which form a set of co-sharers who own the land in same or different proportions It is also a serial number of the landowner(s) in the ‘Register Haqdaran Zamin’ Each owner(s) has a unique

‘Khewat Number’ One ‘Khewat’ may contain more than one ‘Khatuni’

Khud Kasht Land cultivated by the owner himself

Lal Kitab (Village

Note Book)

This book prepared at the time of ‘Settlement’ It has details about the statistics of a village lands e.g total area, area sown, assessment of land revenue, number of entered and attested mutations, notes

last four years It also shows the population of a village and approximate number of livestock It is the statistical book of a village

Lambardar or

Headman

A ‘Lambardar’ is a person in the village who is appointed by ‘District Collector’ under the Land Revenue Act 1967 His duties are the collection of land taxes of a ‘Revenue Estate’

Land ‘Land’ means land which is not occupied by the site

of a town, village, factory or industrial establishment, and is occupied or has been or can

be let for agricultural purpose allied or subservient

to agriculture and includes the sites of buildings and other structures on such land

Memoranda

Invoice

Along with every mutation, a memorandum is sent

in the form of an invoice

Musavi It is the map of a revenue village which is prepared

at the time of ‘Settlement’ It shows all the fields, duly measured and numbered in a village Its updated version is called ‘Shajra Kistwar’

Naib-Tehsildar He is a revenue officer in charge of at least one

‘Kanungo Circle’ He reports to ‘Tehsildar’

Parat Patwar Patwari’s copy of the new settlement record

Parat Sarkar Government’s copy of the new settlement record

Parcha Khatuni Whenever a new ‘Jamabandi’ is prepared then a

copy of ‘Parcha Khatuni’ is given to all land owners for verification

Patwar Circle An area within a ‘Kanungo Circle’ allocated to a

particular ‘Patwari’ who possess the original land records of that area Each ‘Patwar Circle’ covers between 2-8 ‘Revenue Estates’ A ‘Revenue Estate’ may be a single large village or 2 to 3 smaller villages

Patwari A ‘Patwari’ is an official of revenue department and

is the custodian of revenue record He is the lowest ranking but the most powerful member of the revenue hierarchy He also carries out crop assessment (twice a year for levying government taxes) and tenancy survey

xi

Term Definition / Description

Receipt of

Mutation Fee

In case of collection of mutation fees in advance, the corresponding person pays the mutation fee to the revenue officer and he issues a receipt to the concerned person

Register Dakhil

Kharij

It is also known as ‘Mutation Register’ which keeps track of every mutation (Intiqal) This register consists of foil and counter foil The counter foil is kept by the ‘Patwari’ for his records while the foil copy is forwarded to tehsil office

Register Haqdaran

Nakhlistan

In certain areas, the ownership of date trees is considered to assess revenue This register details the complete information regarding number, type, and ownership of date trees

Register Jinswar As soon as the field inspection of a harvest is

finished in any village, the ‘Patwari’ completes the crop abstract (Jinswar) before commencing work in the second village When the field ‘Kanungo’ checks the abstract and signs it as correct, the ‘Patwari’ enters a copy in his ‘Jinswar’ register and dispatches the abstract to the office ‘Kanungo’

Register Khasra

Gardawari

This register contains the details of the inspection of crop grown in each field in each harvest and all changes of ownership and tenancy It is a register

of harvest inspections unlike ‘Jamabandi’, which is Khewat-wise, the ‘Gardawari’ is Khasra-wise The

‘Patwari’ conducts a field-to-field harvest inspection every six months in the month of October and April

He records the plot-wise details regarding crop grown, land description and status of the cultivator

It is a track record of the possession of a particular patch of land which helps to resolve issues relating

to ownership of that patch

Register of

Mutations

It contains particulars of all transactions which are entered by a ‘Patwari’ and decided by a revenue officer The ‘Patwari’ enters the mutations on the basis of document/verbal information presented by the concerned parties for changes in title/interest on land

Rehin (Mortgage Whenever a land is mortgaged, completely or

‘Rehin’ type The deal can be either ‘Verbal’ or through ‘Registry’ In this case information like Date

of Mortgage, Amount and Registry No (or Roznamcha No in case the deal is verbal) are entered The land can be mortgaged with or without possession

Roznamcha

Waqiati

All happenings about the land affairs are recorded in this diary In this register, a ‘Patwari’ maintains any incident occurred along with the date, method, and the source by which the event came into his notice For instance, hailstorm, severe rains, the reports of all transactions of land, encroachments on State land, tours conducted by various revenue officers, and all other matters connected with land are entered in it

Shajra Nasab It is an inheritance or genealogical tree drawn

pictorially It is prepared in every estate at the time

of ‘Settlement’ and it forms a part of Rights’ It is a pedigree table showing succession to ownership rights occurring from time-to-time in an estate It is revised after every five years along with

‘Record-of-‘Jamabandi’ Any change in the inheritance or genealogical tree is made by a ‘Patwari’ It consists

Shajra Kistwar or

Shajra Parcha

This is a mosaic reflection of all the ‘Musavies’ of a particular village on a big cotton cloth (Lattha) for day-to-day use by a ‘Patwari’

Shameelat Deh It is additional land of a village which is in common

ownership of the land owners of that village Ownership in ‘Shameelat Deh’ is proportionate to the extent of ownership of the owners in the

xiii

Term Definition / Description

from ‘Parat Patwar’ After checking it with the

‘Register Dakhil Kharij’, it is forwarded to tehsil office

Taqseem Whenever there is a division of land in a joint

holding, the mutation is known as ‘Taqseem’ or mutation of partition The partition can be verbal among the landowners or when court directs the partition

Tatimma Field

Book

The permanent changes (in case of mutation) in the partition of land are maintained in this register after re-measurement of land

Tatimma Shajra It is a supplementary map

ADBP Agricultural Development Bank of Pakistan

DBMS Database Management System

Geo-ICT Geo-information Communication Technology

GIS Geographic Information System

HRSI High Resolution Satellite Imagery

NUFFIC Netherlands Organisation for International Cooperation in Higher

Education

OICRF International Office of Cadastre and Land Records

xv

RS Remote Sensing

SMBR Member Board of Revenue

SUPARCO Pakistan Space and Upper Atmosphere Research Commission

UNFAO United Nation Food and Agriculture Organization

UNRCC United Nations Regional Cartographic Conferences

General Introduction

1

Recent advances in the geo-information and communication technology (Geo-ICT) and changing societal needs for land administration have also increased the demand for a reliable and effective shared framework for developing, operating and maintaining land data in developing countries This

is due to the fact that existing systems can no longer cope with current demands due to policy shifts in land issues and geo-information technology (Tuladhar, 2002) Such a shared framework leads to the design of a land administration processes through a quality process design and benchmarking techniques which are simple, cheap and transparent (Radwan et al., 2001) Therefore, it is essential to gain full understanding of the existing land administration systems first and then recommend solutions for more improvement and development

Many research studies have been carried out to evaluate the performance of LASs in different countries keeping in mind distinct evaluation criteria (Burns

et al., 2010; Burns et al., 2006; Chimhamhiwa et al., 2009; Rajabifard et al., 2007; Steudler, 2004; Steudler et al., 2004; Steudler et al., 1997; Zevenbergen, 2002) In all these studies, the analyses were carried out on the basis of comparisons between the data sets obtained about the existing LASs of the studied countries Due to the distinct nature of the geographical, social, cultural, and economic conditions among different countries of the world, there is a need to develop a methodology for analysing the quality of

an existing land administration system (LAS) within a country as a alone exercise via a single case study with all possible quality indicators This will lead to the development of quality improvement guidelines for applying the concepts of Total Quality Management (TQM) concepts to LAS

stand-Internationally, there is hardly any accepted or standardised method or quality assessment framework for improving, evaluating or comparing land administration systems (LASs) around the world This may be largely due to the fact that LASs reflect the cultural and social values of the societies of the

prevailing country in which they are operated (Steudler et al., 2004; Williamson and Fourie, 1998) In some cases, the institutional arrangements within the same country may not be optimal for efficient LASs While, in other areas, the organisations face significant challenges in introducing modern technologies which are also constantly changing over the time (Auzins, 2004) In this way, the development of a quality assessment framework for analysing and improving the quality of a land administration system (LAS) is one such area that asks for urgent attention

In order to develop a framework for assessing the quality of LAS and then apply the concepts of TQM, section 1.2 of this Chapter gives a brief introduction to the research topic background and problem definition The research aims and objectives are presented in section 1.3, whereas the research questions are described in section 1.4 The research framework is then presented in section 1.5 The thesis structure is outlined in section 1.6

at the end of this Chapter

1.2 Research Background and Problem Definition

A number of studies indicate that the focus of cadastral and land administration systems issues has changed from purely technical ones to institutional, social, political and economic ones (Dale, 1985,1990; Zevenbergen, 1998) Dale (1985) argues that ‘‘unlike other aspects of land surveying which are depersonalised, a cadastre and LAS is as much about people as it is about land, law and technology’’ To this end, three important aspects: the technical, legal and organisational are emphasised However, the success of a system largely depends on the organisational aspects Other studies reveal that technical, legal and organisational aspects have a dramatic effect on the functioning of land registration systems (including cadastral surveying and mapping) and achieving their goals (Zevenbergen, 2002,2004) The World Bank (2001,2010) indicates that land administration system usually operate within distinct social and cultural norms and values Therefore, it is essential to develop a quality assessment framework for assessing the quality of a standalone land administration system that takes into account both the institutional and technical aspects of LAS

The LAS in Pakistan has a long historical background routing from the early

past for tax collection purpose where no attention was given to the security

of tenure and other societal needs The system is based on a traditional system of land registers and records that are somewhat complicated, out-dated and quite incompatible to the new developments in the field of information technology (Gauhar, 2004; Raza et al., 2005) The traditional and existing LAS is entirely based on out-dated processes and land records in paper formats having no standards with quite obsolete information restricting

3

General introduction

their operational usefulness in extracting precise information on land parcels and land ownership There is a need to highlight all the elements and indicators of the institutional and technical aspects that would be considered

in assessing the quality of an existing LAS and developing quality improvement guidelines within a country’s environment

Keeping in mind the quality situation of the existing LAS in Pakistan, it is necessary to design a framework to analyse the quality of existing LAS for developing quality improvement guidelines The framework must focus on improving the quality of existing LAS using TQM concepts taking into account all its aspects (both institutional and technical) through a single case study This will further help to develop quality improvement guidelines for improving the quality within the broad context of the TQM concept In order to analyse the research problem in more detail, research aims and objectives as well as research questions have been arranged, which are presented in the next section

1.3 Research Aims and Objectives

The aim of this research work is to develop a framework for assessing the quality of an existing LAS through systematic use of the case study research methodology for developing quality improvement guidelines within the broad context of Total Quality Management (TQM) concept This research work also develops quality improvement guidelines for the LAS in Pakistan in such a way that the quality of land data and geometric data in the land records can

be upgraded to an acceptable level by meeting the quality requirements for the institutional and technical aspects of the system To ensure a thorough and complete exploration of this research work, the following objectives are established:

designing a quality assessment framework to analyse the quality of a deteriorated LAS

account the institutional and technical aspects of LAS for assessing the quality of the existing LAS in Pakistan

framework considering the institutional and technical aspects of LAS to evaluate the quality of a LAS

within the broad context of the TQM concept

1.4 Research Questions

In order to achieve the above mentioned objectives, some basic questions are raised each corresponding to one objective;

i Why is case study research the most suitable methodology for carrying out this research, and how is it applied in a ‘systematic’ way to design

a quality assessment framework?

aspects in the existing LAS to develop a quality assessment framework for assessing its quality?

institutional and technical aspects of LAS and how can the quality of a LAS be assessed by using these indicators and variables?

quality of a deteriorated LAS within the broad context of TQM concept?

1.5 Research Framework

This research work aims to develop a framework for analysing the quality of a deteriorated LAS and then develops quality improvement guidelines for improving the quality of existing LAS in developing countries where the quality of present LAS is in poor conditions A research framework representing the steps and techniques for conducting this research work is shown in Figure 1.1

Identifying most important elements of LAS through an exploratory case study to develop a quality assessment framework

Defining indicators and variables for quality assessment framework and setting a research matrix to analyse the quality of LAS

Aanalysing the quality indicators in the study area using an explanatory case study approach

Finalising and discussing the quality improvement framework

Developing a framework for further

investigation through literature review

Designing quality improvement guidelines

to improve the quality of LAS

Identifying problem situation and defining

objectives of the study

Selecting appropriate methodology and

designing research strategy

Outlining research findings and recommendations for future research

text

Figure 1.1: Framework representing the research steps and techniques

This involves the collection of both qualitative and quantitative data using the systematic use of the case study research methodology for exploring and analysing the existing situation of a LAS in the study area This approach takes into account the institutional and technical aspects of LAS at the organisational levels (policy level, management level, and operational level), processes in LAS, and interaction with all stakeholders to maximise the benefits of case study research methodology in cadastral studies

In order to analyse the first component of this research work i.e analysis of the institutional and technical aspects of the existing LAS, an exploratory

5

General introduction

case study methodology is used to form a conceptual quality assessment framework for assessing the quality This includes the review of relevant literature and interviews with different stakeholders including land owners, real estate agents, law professionals, and land management professionals For the second component of this research work, i.e the analysis of quality indicators for institutional and technical aspects, an explanatory case study approach is applied This helps to model and formulate all the necessary actions and guidelines required for improving the quality of existing LAS The synthesis is carried out at the end of this research work to finalise the framework for evaluating the quality of existing LAS and then develop quality improvement guidelines for improving the quality of the system within the broad context of TQM

1.6 Thesis Structure

This thesis consists of three parts which are the introduction and theory part, the case studies part, and the synthesis and discussion part The first part includes Chapter 1, Chapters 2, and Chapter 3 that presents the introduction

to research topic and its aims and objectives, the review of land administration systems and quality concepts, and the research methodology and research design The second part includes Chapter 4 and Chapter 5 by developing the quality assessment framework and describing the present situation of LAS in Pakistan, defining the elements and indicators of the framework, and analysis of these quality indicators in the case study area The last part comprises Chapter 6, Chapter 7, and Chapter 8 by synthesising the results, discussing the quality assessment framework, developing the quality improvement guidelines within the broad context of the TQM concept

in the case study area, and concluding the outcomes of the research work as well as recommending its importance for the future research in the field of cadastre and land administration studies The schematic diagram of thesis structure is shown in Figure 1.2

Chapter 1

Introduction

Chapter 8 Conclusions and Recommendationsns

Chapter 7 Designing Quality Improvement Guidelines

Land Administration Systems

and Quality Concepts

Chapter 3

Case Study Methodology and Research Design

Chapter 5 Explanatory Case Study in

General introduction

Following is a brief description of the contents of each Chapter;

CHAPTER 1: General Introduction

This Chapter presents the whole overview of research work by describing the research background and defining the research problem The aims and objectives are also outlined in this Chapter followed by research questions to deal with the aims and objectives of this research This Chapter also introduces the research framework to be followed in doing this research The schematic diagram of the thesis structure is then described to depict the number and position of each Chapter in framing the overall structure of the thesis

CHAPTER 2: Land Administration System and Quality Concepts

This Chapter presents basic definitions of LAS followed by its functions and components The concepts of quality and total quality management (TQM) are discussed in this Chapter from theoretical point of view and in relation to LAS The previous scientific work carried out on assessing and evaluating LASs are reviewed in this Chapter, focusing on the evolution and paradigm shift in LASs assessment approaches At the end, this Chapter explicates both the institutional and technical aspects of LASs to identify the contributing elements for analysing the quality of LAS

CHAPTER 3: Case Study Methodology and Research Design

This Chapter presents a general literature review about the case study methodology The effective use of case study methodology in conducting cadastral studies is described through a literature review The steps in doing case study are presented in this Chapter followed by a holistic approach for assessing the quality of LAS The research design and research strategies for adopting a case study methodology in this research are also discussed in this Chapter

CHAPTER 4: Exploratory Case Study in Pakistan

This Chapter presents the current situation of LAS in Pakistan based on an exploratory case study conducted during this research work This Chapter describes the current situation of the LAS in Pakistan as a base to carry out further analysis for investigating the problems and issues in the existing system Both qualitative as well as quantitative data are collected through meetings and interviews with stakeholders during the fieldwork The findings

of the exploratory case study are analysed and the elements of LAS in the study area are presented and discussed

CHAPTER 5: Explanatory Case Study in Pakistan

This Chapter first identifies the indicators for the elements of institutional and technical aspects of LAS to assess the quality of LAS and then develops the

quality assessment framework The quality situation of existing LAS in the study area is then presented through the analysis of quality indicators The present status of each of the quality indicators concerning the elements of LAS in Pakistan are described through explanatory case study approach and the present quality situation of the system in the study area is presented in more detail

CHAPTER 6: Finalising and Discussing Quality Assessment Framework

This Chapter provides a synthetic thinking from the results obtained in this research to answer the research questions based on the aims and objectives outlined in the first Chapter The research resulted in a number of observations and conclusions about the LAS quality assessment framework and the contributing indicators which are summarised and discussed in this Chapter

CHAPTER 7: Designing Quality Improvement Guidelines

This Chapter designs a quality improvement framework based on the results obtained from this research This Chapter presents a set of guidelines for the concerned authorities and LA agency to improve the quality of deteriorated LAS in Pakistan These quality improvement guidelines are drawn under the wider management approach TQM

CHAPTER 8: Conclusions and Recommendations

This Chapter concludes the research findings and outlines a set of recommendations for each objective of the research This Chapter also draws recommendations for the use of this research in future research work

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General introduction

Land Administration System and Quality

Concepts

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Land administration system and quality concepts

2.1 Introduction

The need for land information, which is the basic necessity for carrying out any land-use planning, land development, and land management activity, can hardly be over-emphasized Land administration (LA) is a tool for legal, administrative, and economic decision making as well as an aid for land-use planning, land management, land market, and land development Always there is a need to evaluate and improve the quality of land administration system (LAS) so that maximum benefits can be achieved through better management of land In this context, this Chapter provides a theoretical background for this research covering both the fundamental concepts in LAS and quality parts While explaining the important aspects of LAS i.e the institutional and technical aspects, this Chapter focuses on the contributing elements of the system for quality analysis looking at literature and then highlights all the elements that are required for evaluating the quality of LAS Section 2.2 of this Chapter presents some basic definitions of LAS followed by its functions and components in section 2.3 The concepts of quality and total quality management (TQM) from theoretical point of view in relation to LASs are outlined in section 2.4 The review of previous scientific work carried out

on assessing and evaluating the quality of LASs is presented in section 2.5 It focuses on the evolution and paradigm shift in LASs assessment approaches Section 2.6 explicates the institutional and technical aspects of LASs to highlight the contributing elements for analysing the quality of LAS (Chapter

4 & 5) At the end, section 2.7 summarises the summary of this Chapter

2.2 Land Administration System

Land is the habitat of man and its wide use is crucial for the economic, social, and environmental advancement of all countries (Thakur et al., 2004) Land information is a prime requisite for making decisions related to land investment, land development, and land management All these information reduce uncertainty by helping to identify and analyse land-related problems Land records are also very important as these records form the basis for assignment and settlement of land titles (Thakur et al., 2003) In this way, the development and implementation of LAS plays key role in land resource management and planning of any country Different agencies all over the world are working for the improvement and implementation of cadastre and land administration systems

Land administration is the processes of land surveying and mapping, land registration, land conveyance, land valuation and taxation, regulation of land tenure, allocation of interests in land, land dispute resolution, and land markets (Nichols, 1993) In this way, LA covers a range of processes dealing with definition of rights in land through registration, collection of land taxes,

valuation of land for establishing land market, mechanism for solving land disputes, and procedures for land transfer According to Lyons and Satish (2001), “LA is a regulatory framework, institutional arrangements, systems and processes that encompass the determination, allocation, administration and information concerning land.” Thus, LA includes the determination and conditions of approved uses of land, the adjudication of rights and their registration via titling, the recording of land transaction and the estimation of value and taxes based on land and property for better management

According to Williamson et al (2010), LAS provide the infrastructure for implementation of land polices and land management strategies in support of sustainable development The infrastructure includes; the institutional arrangements, a legal framework, processes, standards, land information, management and dissemination systems, and technologies required to support allocation, land markets, valuation, control of use, and development

of interests in land

Land administration systems are concerned with social, legal, economic and technical framework within which land managers and administrators must operate (UN-ECE, 1996) Land administration system comprises of an extensive range of systems and processes to administer land tenure, land value, land use, and land development (Enemark, 2004) In order to share the experiences in designing LAS and diagnose the trends in design and implementation of local systems, a global perspective of LAS is needed (Williamson et al., 2010) as shown in Figure 2.1

Land Information Infrastructures

Built and natural environment datasets

Sustainable Development

Economic, social, and environmental

Efficient land market Effective land-use management

Figure 2.1: A global land administration perspective (Enemark, 2005)

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Land administration system and quality concepts

This global perspective of LA relates the four functions of LAS to support efficient land markets and effective land-use management for promoting sustainable development

Land Tenure: Land tenure can be defined as the way people are holding the

land More specifically, land tenure is the perceived institutional arrangement

of rules, principles, procedures and practices, whereby a society or community defines control over, access to, management of, exploitation of, and use of means of existence and production (Dekker, 2006) The land tenure part of LAS deals with the allocation and security of rights in lands, the legal surveys to determine the parcel boundaries, the transfer of property

or use from one party to another through sale or lease, and the management and adjudication of doubts and disputes regarding rights and parcel boundaries

Land Value: Land valuation is a part of LAS dealing with economic

dimensions of land (Dale and McLaughlin, 1999) Land valuation system has its own process to approach to the value This process is affected by three main axes in which the first axis includes the inputs comprising legal title (legal rights), legal use, and legal location; the second axis deals with the constraints comprising valuation laws and regulations, valuation measure standards, code of conduct, and methodologies; and the third axis comprises the resources comprising human resources, and information resources All these three axes are required to produce the value (Al-Omari, 2008) Thus the land valuation part of LAS concerns the assessment of land value and properties; the gathering of revenues through taxation; and the management and adjudication of land valuation and taxation disputes

Land Use: The land use part of LAS deals with the control of land use

through adoption of land-use planning policies and land use regulations at national, regional, federal, and local levels; the enforcement of land use regulations; and the management and adjudication of land use conflicts Land use is concerned with both the formation of new units of real properties and the readjustment of the existing ones involving changes in both the purposes

of their use and their spatial structure Economically, land use can be justified

in terms of land consolidation, definition of ‘best use’, territorial readjustments (land re-organisation) or imposition of restrictions (Auzins, 2004)

Land Development: The land development part of LAS deals with the

processes and institutions related to building of new physical infrastructure and utilities; the implementation of construction planning; public acquisition

of land; expropriation; change of land use through granting of planning

permissions, and building and land use permits; and the distribution of development costs

The land information infrastructure provides a base for running the interrelated systems of LAS within the four interrelated areas The land information area should be organised to combine cadastral and topographic data and thereby link the built environment (including legal land rights) with the natural environment (including environmental and natural resource issues) Therefore, land information should be organised as a spatial data infrastructure at regional/federal, national, and local level based on relevant policies for data sharing, costs recovery, access to data, standards, etc (Enemark, 2005)

In a nut shell, LASs are the basis for conceptualising rights, restrictions and responsibilities related to people, policies and places Property rights are normally concerned with ownership and tenure whereas restrictions usually control the use and activities on the land Responsibilities relate more to a social, ethical commitment or attitude to environmental sustainability and good agricultural activities (Enemark, 2009b) In the UN-ECE (2005) document, LAS is considered as part of the infrastructure that supports good land management It is further stated that LAS should be treated as a way to

an end, not an end in itself

It is evident from the above discussion that LAS covers a range of processes aiming for arrangements of rights in land and better management of land within social norms and values of a society All these processes are influenced

by new developments in technology and users’ needs with changing societal demands Therefore, all the important elements and indicators concerning LAS processes including land tenure, land value, land use, and land development must be outlined and then analysed from quality point of view This analysis will help to model the changing role of LAS within country’s social, cultural norms and values as per users’ needs In order to define quality parameters for LAS, it is essential to understand the functions and components of LAS before going to outline the contributing elements and indicators for analysing the quality of LAS

Administration System

A brief overview of cadastral and land administration systems is presented in the previous section From prior discussion it is clear that LAS deals with implementation of policies and laws for the management of land rights, land value, land use, and land mapping Land administration systems reflect the social relationship between people and land which is recognised by a

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Land administration system and quality concepts

community or a State (van der Molen, 2004) LAS is implemented by a State

to implement policies for recording and managing all rights in land

The main functions of LAS includes land tenure, land value, land use, and land development These functions are interrelated and the interrelations appear through the fact that the actual conceptual, economic and physical uses of land and properties influence land values Land value is also influenced by the possible future use of land as determined through zoning, land use planning regulations, and permit granting processes And the land use planning and policies will, of course, determine and regulate future land development (Enemark, 2004)

The four functions of land administration system (land tenure, land value, land use, land development) are different in their professional focus, and are normally undertaken by a mix of professions, including surveyors, engineers, lawyers, valuers, land economists, planners, and developers Furthermore, the actual processes of land valuation and taxation, as well as the actual land use planning processes, are often not considered to be part of the land administration activities However, even if land administration is traditionally centred on the cadastral activities in relation to land tenure and land information management, modern LAS must be designed to deliver an essential infrastructure that encourages integration of the four functions (Enemark, 2009a)

As said, all the above functions are interconnected The interrelations appear through the fact that the actual conceptual, economic and physical uses of land and properties influence land values Land values are also influenced by the possible future use of land determined through zoning, land use planning regulations, and permit granting processes And the land use planning and policies will, of course, determine and regulate future land development

The variety of these LAS functions requires land administration to have various kinds of components to deal with land For example, the land tenure function requires placing emphasis on the holding and the registration of interests in land On-ground identification is provided by surveyors through development plans to assist in the regulation of use At the same time, the land use function is also concerned with use restrictions imposed through the regulatory planning mechanisms The land value function focuses on the economic utility of land The taxation office requires the change of land use

to calculate the revenue and tax for specific purposes (Kalantari, 2008)

In order to fulfil all these LAS functions, the LAS has historically been organised around four sets of components responsible for surveying and mapping, land registration, land valuation (Dale and McLaughlin, 1999) and land development as shown in Figure 2.2

Land

Development

LandRegistration

LandValuation

LandMapping

Figure 2.2: Components of LAS (Kalantari, 2008)

Land Registration: Land registration is a process of official recording of

legally recognised rights in land through deeds or as title certificates on properties This is an official record of rights on land or of deeds concerning changes in the legal status of land (Henssen, 1995) Land registration is a public register in which the documentation effecting interests in land are kept It is the official legal registration of properties (land, buildings and apartments), of legal rights and of rightful claimants (Bogaerts and Zevenbergen, 2001) Land registries document contains all information about the rights in land and the owner that can be traced back in case of resolving the land disputes as well as for the assessment of property tax Land registration is very important for governments to collect property taxes for economy generation Without knowing who owns/uses the land and what that land is being used for, governments cannot levy property taxes (Farvacque and McAuslan, 1992) Land registration (land titling) can be undertaken sporadically at the time of each legal transaction or systematically area by area While the sporadic approach gives more immediate benefits to individual land holders, the systematic approach provides a wider range of benefits more quickly, especially if the land registry is part of a more

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